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This is an example of a surveillance generated search warrant, or one that would

be based off of an officers ( the affiant) observations. This example also includes
information first obtained from a citizen informant and shows the language to be
used for the affiant to identify the information coming from a citizen informant
versus a criminal or confidential informant being used. Standard ³boiler plate´
language is also included regarding the seizure of cell phones and computers.

On April 14, 2005 your affiant received information from a citizen informant who gave
his/her name, address and phone number to your affiant. The citizen informant,
hereinafter referred to in this affidavit as CI, spoke with your affiant. Your affiant has had
no prior contacts with this citizen informant. The informant was neither under arrest nor a
suspect in any crimes. He/She stated that he/she wanted to give police this information
because he/she was concerned about the welfare of the minor¶s involved. The informant
appeared to be a citizen acting in the interest of law enforcement and for no other reason.

The CI told your affiant that a subject was providing/selling narcotics (marijuana) and
pharmaceutical substances (alprazolam {xanax} and clonazepam {klonopin}) to minors in
the City of San Luis Beach and the City of San Miguel Beach. The CI told your affiant
that the he/she has overheard conversations of minors whom attend Anderson High
School in San Miguel Beach and minors whom attend San Luis Union High School in San
Luis Beach discuss details involving their (the minors) buying/obtaining narcotics/drugs
from this particular subject. The CI told your affiant that the minors refer to the xanax
pills obtained from ³slut´ as ³zany bars´. The minors also discussed particular details
about this subject, which the CI overheard. The CI discovered that the subject in
particular goes by a street name of ³slut´ and is associated with ³San Miguel Beach 13´.
The CI has been told generalities about ³slut´, including that ³slut´ is a dangerous person
and that the CI would ³not want anything to do with him (³slut´)´. The CI was told that
³slut´ is a parolee and has spider web tattoos on his elbows. Through overhearing
conversations, the CI discovered that ³slut¶s´ cellular phone number was 310-555-4032.

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On April 26th, 2005 your affiant obtained a court order for cellular phone number 310-
555-4032, owned by Virgin Mobile. This court order is attached hereto as Exhibit No. 1
and incorporated as if fully set forth herein.

With the court order, your affiant was able to identify the owner of cellular phone number
310-555-4032 as ³Bob Crook´ with an address of ³1234 Ocean Breeze Ave. San Miguel
Beach Ca. 90870´.

Through departmental records, your affiant was able to identify ³Bob Crook´ as Robert
Crook, DOB of 08-11-1981 with an address as of July 6th, 2004 of 1234 Ocean Breeze
Avenue, San Miguel Beach Ca. 90870. Robert Crook has a CDL #B1323456. Robert
Crook has a second address listed as of August 16th, 2004 of 1234 Tanline Street, San
Luis Beach.

Your affiant was able to find that Robert Crook has three vehicles registered to him: (1)
1992 Toyota Camry, Cal Lic#3BBE031 at 1234 Ocean Breeze Avenue, San Miguel Beach
Ca. 90870; (2) 1989 Honda, Cal Lic#2PPA263, registered to both Robert Crook. and
Julia Crook at 1234 Tanline Street, Space 48, San Luis Beach, Ca. 98903; (3) 1997
Chevy pick-up, Cal Lic#7C1234 at 1234 Ocean Breeze Avenue, San Miguel Beach Ca.
90870.

Checking the information provided by Virgin Mobile, your affiant discovered that
telephone number 310-555-7661 had been dialed from the cellular phone number owned
by Robert Crook several times and telephone number 310-555-7661 has called the cellular
phone number (310-555-4032) owned by Robert Crook several times. Through
departmental records, your affiant was able to identify that telephone number 310-555-
7661 is associated with Deborah Crook at 1234 Ocean Breeze Avenue, San Miguel Beach
Ca. 90870.

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Your affiant learned, while doing local agency checks for contacts with Robert Crook,
that an employee of San Miguel Beach Police Department was familiar with Robert
Crook. The employee of San Miguel Beach Police Department stated that Robert Crook
grew up in San Miguel Beach and later moved to the city of San Luis Beach. According
to the employee of San Miguel Beach Police Department, Robert Crook while living in
San Miguel Beach embraced the Hispanic gang sub-culture that exits in San Miguel Beach
and Robert Crook obtained a tattoo of the San Miguel Beach city zip code on his stomach
area.

On May 3rd, 2005, your affiant and members of the San Luis Beach Police Department,
Special Investigations Unit conducted surveillance starting at 1234 Ocean Breeze Avenue,
San Miguel Beach Ca. 90870. Your affiant observed three vehicles parked in the
driveway of 1234 Ocean Breeze Avenue: (1) 1992 burgundy Toyota Camry, Cal
Lic#3BBE031 (registered to Robert Crook); (2) 1989 blue Honda Accord, Cal
Lic#2PPA263 (registered to Crook and Julia Crook) and (3) White Toyota pick-up, Cal
Lic#6E04078 (registered to Christian Crook at 1234 Ocean Breeze Avenue, San Miguel
Beach Ca.). Your affiant conducted surveillance on Robert Crook after Robert Crook
exited from the front door of 1234 Ocean Breeze Avenue, San Miguel Beach, Ca. 90250.

Robert Crook drove the burgundy 1992 Toyota Camry, Cal Lic#3BBE031 to the rear of
1054 SandDune Blvd., San Luis Beach where Robert Crook met up with a male subject
driving black SUV type vehicle with chrome rims. Robert Crook went over to the driver
side window of the black SUV and conducted an apparent hand-to-hand narcotics
transaction. After meeting with the driver of black SUV, Robert Crook met with a male
white juvenile subject, approximately 15-17 years old. The male white juvenile subject
approached Robert Crook on a skateboard. The male white juvenile got into the front
passenger side of Robert Crook¶s vehicle and got out of Robert Crook¶s vehicle about 30-
45 seconds later, and skateboarded away from Robert Crook¶s vehicle.

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On May 4th, 2005, your affiant and members of the San Luis Beach Police Department,
Special Investigations Unit conducted surveillance on Robert Crook The burgundy 1992
Toyota Camry, Cal Lic#3BBE031 was located parked in front of space 16 at 1234 Tanline
Street, San Luis Beach Ca. 90983. The blue 1989 Honda Accord, Cal Lic#2PPA263 was
also parked near space 16 at 1234 Tanline Street, San Luis Beach Ca. 92543. A female
subject was observed by your affiant coming from mobile home space #16 going into the
burgundy 1992 Toyota Camry, Cal Lic#3BBE031 and then back into mobile home space
#16. Robert Crook was observed by your affiant coming out of mobile home space #16 in
a bath robe, apparently undressed, and went to the burgundy 1992 Toyota Camry, Cal
Lic#3BBE031 and then back to mobile home space #16.

During the course of surveillance on May 4th, 2005, your affiant and members of the San
Luis Beach Police Department, Special Investigations Unit during the hours of 1100 to
1440 hours, made the following observations:

1.Y Robert Crook drove (1992 Toyota Camry, Cal Lic#3BBE031) to the ³E-Z Sleep
Suites´ hotel/motel on SandDune Bl. and went to a room and stayed for about six
minutes then left the location.
2.Y Robert Crook met up with a white female adult at 1234 Ocean Breeze Avenue,
San Miguel Beach Ca. 98950. Female stayed for about ten minutes and then left
the location.
3.Y Robert Crook drove (1992 Toyota Camry, Cal Lic#3BBE031) to 1234 Bikini
Lane, San Luis Beach, met with male subjects at location, and left after four
minutes.
4.Y Robert Crook drove (1992 Toyota Camry, Cal Lic#3BBE031) to an apartment
building located on the north/west corner of 139th and SandDune Ave., City of San
Miguel Beach and met with a male white adult. Robert Crook drove this subject
over to 1651 147th Street, San Miguel Beach, where a male Hispanic adult met
with the male white adult passenger. This meeting lasted about 30 -60 seconds.
Robert Crook then drove the male white adult passenger back to the apartment

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buildings at the north/west corner of 139th and SandDune Ave. The meeting with
this male white adult (including the driving time and meeting with the subject at
1651 147th Street) lasted about eight minutes.
5.Y Robert Crook drove (1992 Toyota Camry, Cal Lic#3BBE031) to the north/east
corner of 160th Street and Swimsuit Drive and met with a male white subject,
approximately 18-20 years old. Robert Crook meets with this subject for
approximately 15-40 seconds. The white male subject then gets into the front
passenger side of a 2003 Nissan (Cal Lic#5GBB936) which drives away in a
different direction than Robert Crook.
6.Y Robert Crook drove (1992 Toyota Camry, Cal Lic#3BBE031) to the area of 1234
BlueSky Avenue, City of San Luis Beach, where Robert Crook was flagged down
by a male white subject, approximately 30 years old with several tattoos and a
shaved head. Robert Crook was on his cellular phone and appeared to be looking
for someone, when this male subject, who was holding a cellular phone, waved
down Robert Crook. Robert Crook pulled into the driveway of 1234 BlueSky
Avenue and the white male subject with the shaved head met with Robert Crook at
the driver¶s side window of Robert Crook vehicle. Robert Crook met with this
subject for about two minutes before leaving. The male white subject with the
shaved head then appeared to go into unit #3 at 1234 BlueSky Avenue.
7.Y Robert Crook drove (1992 Toyota Camry, Cal Lic#3BBE031) to the driveway for
the apartments at 1234 Oak Avenue, San Luis Beach. A female white subject,
about 18-20 years old, heavy set met up with Robert Crook via the front passenger
side window of Robert Crook¶s vehicle. A second female white, about 16-20
years old also met with Robert Crook at his vehicle. Robert Crook stayed at this
location for about two minutes before leaving.
8.Y Robert Crook drove (1992 Toyota Camry, Cal Lic#3BBE031) to the area of 1234
Wave Road and picked up a male white juvenile who was standing on the
sidewalk. The male juvenile appeared to be about 15-17 years old. Robert Crook
drove with the male juvenile around the block. Detectives observed the male
juvenile pointing towards item(s) in Robert Crook open hand/palm and the male

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juvenile and Robert Crook discussing the item(s) in Robert Crook hand/palm.
After Robert Crook drove around the block once, Robert Crook dropped off the
male juvenile in front of 1234 Wave Road. This meeting lasted about one minute.
9.Y Robert Crook drove (1992 Toyota Camry, Cal Lic#3BBE031) to the area of
SurfRider Lane, just east of SandDune Lane, in the City of San Luis Beach and
went inside an unknown residence on SurfRider Lane, just east of SandDune Lane.
Robert Crook stayed at this location for about six minutes.
10.YDuring the surveillance on Robert Crook, Robert Crook was talking and using his
cellular phone very frequently.

Your affiant has formed the expert opinion that the activity observed on May 3rd and May
4th, 2005 involving Robert Crook going to various locations for a short period of time
along with various subjects making personal contact with Robert Crook for a short period
of time and then leaving indicates that controlled substances (narcotics) are being sold by
Robert Crook and that Robert Crook uses his vehicle to transport/store controlled
substances. This narcotics traffic when coupled with the information previously received
by your affiant has led your affiant to form the expert opinion that controlled substances
(marijuana, alprazolam and clonazepam) has/is and will be sold from Robert Crook and
that controlled substances are being and will be stored/sold from the residences at 1234
W. Ocean Breeze Avenue, San Miguel Beach Ca. 90980 and 1234 Tanline Street, Space
#16, San Luis Beach Ca. 93603.

It is your affiant¶s experience that records and paraphernalia such as weighing devices,
cutting material, and other containers are permanently possessed by narcotic traffickers in
much the same way a business will maintain records and tools of its trade, whether or not
the business has a particular item in inventory on a given day. It is your affiant¶s
experience that vehicle(s) are commonly used and possessed by narcotic traffickers for the
transportation, storage and sales of narcotics.

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Based upon the information contained in this affidavit, coupled with your affiant¶s training
and experience, your affiant states that the items of drug paraphernalia and documentation
enumerated on pages SW&A #4 and #5 of this affidavit are articles that are commonly
found in, and associated with, places where controlled substances are found to be present.
It is your affiant¶s experience that narcotic traffickers usually maintain their residence as a
storage facility for the trafficking and sales of narcotics. Your affiant has reason to believe
and does believe that there are controlled substance(s) in the form of marijuana,
alprazolam and clonazepam being sold and stored from the residence(s) of Robert Crook
at 1234 W. Ocean Breeze Avenue, San Miguel Beach Ca. 97250 and 1234 Tanline Street,
Space #16, San Luis Beach Ca. 90873 for which this warrant is requested. Your affiant
has reason to believe and does believe that there is controlled substance(s) in the form of
marijuana, alprazolam and clonazepam being transported, stored and sold from the
vehicle(s) for which this warrant is requested.

Your affiant has been present during the execution of numerous search warrants. In
virtually all of these instances, your affiant has observed utility bills pertaining to the
location and/or personal letters addressed to the occupants of the location within the
residence being searched. On many occasions, your affiant has observed handwritten notes
or papers, keys that fit the location locks, and wallets, purses, diaries, phone books, and
luggage tags, all of which contained in or upon them some personalization or which
tended to identify the owner(s) thereof and thus circumstantially identified to your affiant
the occupant(s) of the premises for the purposes of arrest, identification and crime
charging. Your affiant has been present during the execution of numerous search warrants.
In virtually all of these instances, your affiant has observed utility bills pertaining to the
location and/or personal letters addressed to the occupants of the location within the
residence being searched. On many occasions, your affiant has observed handwritten notes
or papers, keys that fit the location locks, and wallets, purses, diaries, phone books, and
luggage tags, all of which contained in or upon them some personalization or which
tended to identify the owner(s) thereof and thus circumstantially identified to your affiant

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the occupant(s) of the premises for the purposes of arrest, identification and crime
charging.

Based upon the facts set forth in this affidavit, it my opinion that suspect(s) are selling
controlled substances from the residence(s) listed in the ³to be searched page´. That these
residences are the main base of operations and that the suspect(s) are taking orders over
the telephone for pickup and delivery and that suspect(s) are using cellular phones to
facilitate the pickup and delivery of controlled substances being sold. Thus, I also request
this warrant authorize searching officers to answer the residence telephones and cellular
telephones. It is my opinion persons will call ordering narcotics and that such calls will
constitute evidence of the commission of a felony.

It is your affiant¶s experience and the experience of other narcotic investigators with
whom your affiant has spoken with that suspect(s) who traffic in narcotics frequently
possess cellular telephones to enhance their trade. These suspect(s) use cellular telephones
to house buyers and sellers lists, track profits and losses, store receipts, and to
communicate with other traffickers of narcotics. Thus, your affiant requests if cellular
telephones are located in possession of suspect(s) and/or location(s) listed in the ³to be
searched page´ being searched as authorized by this warrant that your affiant be allowed
to seize such cellular telephones. An offsite search of the suspect¶s cellular telephone,
including all storage devices, is needed for a complete search of all the data on the cellular
telephone may be necessary, based on your affiant¶s experience that suspect(s) who traffic
in narcotics will use cellular telephones to enhance their trade.

In order to assure that the cellular telephone can be examined (including a forensic
examination) all peripheral equipment, such as powering devices and external storage
devices will need to be collected along with manuals and support documentation. A
forensic examination of the cellular phone(s) in a controlled environment with forensic
equipment may be necessary in order to assist not only your affiant¶s investigation, but
also the interests of the suspect(s) in this matter.

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It is also your affiant¶s experience and the experience of other narcotic investigators with
whom your affiant has spoken with that suspect(s) who traffic in narcotics frequently
possess computers to enhance their trade. These suspect(s) use computers to house buyers
and seller¶s lists, track profits and losses, store receipts, and to communicate with other
traffickers of narcotics. Thus, your affiant also requests if computers are located in
possession of suspect(s) listed and/or location(s) listed in the ³to be searched page´ being
searched as authorized by this warrant that your affiant be allowed to seize such
computers.

An off site search of the suspect¶s computer system, including all storage devices, is
needed as your affiant¶s experience has shown that computer systems can store an
equivalent to hundreds of thousands or even millions of pages of information. Also, as
suspect¶s can disguise or rename computer files at will, a complete search of all the data
on the computer system may be necessary. This can best be done in a controlled
environment with forensic equipment. This will assist not only your affiant¶s investigation,
but also the interests of the suspect(s) in this matter.

In order to assure that the computer system can be forensically examined all peripheral
equipment, such as computer hardware, software and external storage devices will need to
be collected along with manuals and support documentation. Computer hardware consists
of all equipment which can collect, analyze, create, display, convert, store, conceal, or
transmit electronic, magnetic, optical, or similar computer impulses or data.

As evidence in this matter could be stored either on a computer hard drive or on


removable storage devices, such as, floppy disks, CD¶s, or tapes, all removable storage
devices would need to be seized. Due to the storage capacity of removable storage devices
an on scene inspection of them would not be practical. With respect to computer systems
and any items listed above found during the execution with this Search Warrant, the searching
Peace Officers are authorized to seize and book said computer systems and any items listed

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above and transfer them to a Law Enforcement Agency location prior to commencing the
search of the items. Furthermore, said search may continue beyond the ten-day period
beginning upon issuance of this Search Warrant, to the extent necessary to complete the search
on the computer systems and any items listed above.

Your affiant requests that the identity of the CI remain confidential for the following
reasons: disclosure will jeopardize the life and safety of the CI and disclosure will destroy
the CI¶s future usefulness to law enforcement.

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